RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume IX, Issue 2627, 19 July 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Esq., R.M.) Civil Oases. Coyle V. Coyle.—This was a charge brought by Mrs. Coyle against her husband for using threatening and abusive language. From the evidence it appeared that the defendant broke open the door and abused her in a most disgraceful manner. She had worked hard at the wash tub for three years to maintain herself and child, and would continue to do so if he would only keep away from her. His worship said the defendant had placed himself in his present position by his intemperate habits, and he must pay a fine of L2 or go to prison for 10 days, and become bond himself in L2O and one surety in LlO to keep the peace towards his wife for three months.

Inch v. Brown and Manning.—Lso for breach of agreement. Mr Holmes for the plaintiff; Mr Stewart for the defendant. This was a case instituted in the Magistrate’s Court, Queenstown, under the Resident Magistrates Act, 1870, and the purpose of inquiry was to take evidence in the case The evidence of the defendant Brown was to the effect that in January last the firm engaged one Drummond to work a steam tin ashing machine, or if a good price were offered for it, he was to dispose of it. He was to start at Queenstown, and had authority to engage a feeder while workin tr. He engaged plaintiff at two pounds a week, for three months. He had authority to engage him for a week or a day hut not for a longer period. This evidence was confirmed by the defendant Manuihg. The agreement was read, from which it appeared that Drummond was to have L2 10s a week and travelling expenses, when at work ; and if he could sell the machine for LGOO the wages were to cease, and he was to have a commission of 5 per cent, on the amount realised. The man in charge of the machine was to pay the wages ef the feeder out of the earnings. This closed the evidence for the defence. For the plaintiff, George Drummond said lie was engaged by Mr Manning to go to Queenstown, and take charge of the thrashing machine. It was to be employed in thrashing crops for hire. It was customary to engage a man as feeder and grinder for the season. He had been travelling with and working thrashine machines for five or six years. He and the feeder had always previously been sent away together by the proprietor, but it was considered that the expence in this instance was too great, and he was instructed to engage a man at Queenstown. A man would require a week or fortnight’s practise to become a skilled feeder. The engagement with Inch was in writing. He engaged him on the 3rd April, and had three feeders before him who were engaged by the day, and he paid tin-in out of the earnings of the machine. The mill was sold, and he (Drummond) left Messrs Broun and Manning’s service. Tu answer to Mr Stewart, Mr Drummond said he did not think it strange to engage Inch for a longer period than his own engagement. The machine was purchased by Brown, of Spear-grass Flat, with whom he (Drummond) was to be partner. On Mr Manning being recalled, in reply to Mr Stewart, said he sold the engine within three days after the 3rd April. (Drummonds agreement with Inch was signed within ten days after the 10th. Brown would not know until a week .after the telegram was despatched). Bradshaw, Provincial Treasurer v. Coulfield, and same v. Mercer.—Claims for passage money due to the Government, were adjourned for a fortnight. Sampson v. Stillcry.—-L6 13s, judgment by default for plaintiff. Campbell v. Anderson. —L 5 16s for goods supplied, judgment for plaintiff. Atwood v. Gallagher.—L2o, for wages. Mr Harris for plaintiff; Mr Stout for the defence. The plaintiff contended that the engagement was at the rate of L 7 per week, while the defendant alleged it was only LG. His Worship regretted that Mr De Carle, who was present when the agreement was made, could not he here to give his evidence. The value of the services must, therefore, 1)e estimated. Judgment for the plaintiff for the amount claimed, with costs.